Seattle daily post-intelligencer. [volume] (Seattle, W.T. [Wash.]) 1881-1888, 1887-02-12

grand juror 10 ste il beth an etfetor
ard hoasshclder fhan she IL eompetent.
y she lacks either Qualification hen
eks isnst
FSrst. thsn. Is she sn elsctors Il Is
aarsift 4 thai she IL not an eleeloF IN
les shn II made % b. the Aaf Of l5o3.
pace 40. This act has 10 title unless
she words and figures following are one
ta-wtt. ~Au Act 80 amend Section $3.50,
ChagfsT $50 q the Ccda Of Washing
ton
We have . book uhish Is marksd On
the hr-iasf "Ihs Code Of WaahinRion-
have examined IL and find that upon
IL face Il does not purpoxt 30 eonfa1n
any zushe ticatsd Act 81 the Legissa-
tive Assembly Of she Territory Of Wash
inefoB. II purpoFts 10 have been edited
and eompiled By Q private party. Is
enufafns no titles 10 Acts. no snackina
clause, no siRnatnre " Presidert Of the
senate. Speaker OF the Hoass. OF Gov
eruor. lis nos certified bJ the Score
tary 10 be or contain q tFns copy OF ans
legislative Act. The chapters. dixi-
sions and sections al purport - Be the
act Of private party. His sections run
10 70 1927, sud 10 the book 10 an IN
aaihenlicafed provision that certain
prisste party shall publish parts OF q
certain class Of laws which be shall
deem 70 be general. and iease out cer-
tain parts Of all acts, and leave cut en-
tirely others. He ceEtihes that be has
examined ali the laws embraced IN the
volume 1.-THE O0ds) etc.. and pat re-
dundAnt matter in paKentbestss and
matters omitted from enrolled laws, bat
supplisd By him, are enclosed In
brackets.
Now, il 10 clear that this books con-
tains no Act or copy Of an Act PASSED By
the Legislative Assembly, and il can
not be known officially Whist IL does OF
does not contain. We sapposs that IL
g this private book shas the Act Of 1883
purp0rts 20 amend.
Acts Of q Legislature may amend
other Acts Of It's own. An act cannot
smena the statutes Of the United States,
o. Of another State, or the works Of 3
private author.
Such az attempt is simply void, and
beyond the legislative power. Tue Or
aanic law Of the Territory provides that
ever act Of the Legislature shall con.
expressed in lie title"
i
complied with, it IL admitted an act ID
void. An set vita or without q title,
might contain enc, or more than one
objects equally we'll.
That there shall be q title to such
act. and that the title shall express the
object, 10 entirely distinct from there
being but one obisot IN bill. The last
provision il not peculiar 20 our Terri
tory. but 10 IN the Organic laws Of many
Of the States.
lis purpose and object has been de-
cidsd by many courts. IL is stated IN
late elementary authors. These author
tties agree as 70 the purpose OF this or
ganie provision.
The evil Il was Intended to remedy
was this: Legislators had departed
from the good old custom Of having g
preamble 70 each set. recitinR at some
length ths general purpose and obieci
Of the act which followed. They had
departed also from another good old
custom Of having suoh bill read al
length in the bearing Of all the mem
bers before they voted upon it.
Il had become the fashion 10 pass
acts By merely reading the title. Nov,
a. members only heard the title, il vas
Of the utmost Importance that ths title
should give, upon It's face, tbe general
scope Of the proposed act, 50 that each
member might have notice of what
measure was before the house for bis
action.
Il was also the fashion Of newspapers
10 publish proposed acts By their titles
only. To obtain the surrsptitlous pas.
sage Of laws which. IL these objects
were kn0wn would be defeated )-title'
which gave ne notice Of what the acts
contained were used 10 pass provisions
unknown TO the Legislature.
THIS fraudulent practice became q
public evil Of 90 great q magnitude thal
constitutional provisions we're made Il
prohibit the practice. Ii was thus pro-
Vidsd that no act should be passed with
out having a title which expressed ii
object. So that when q bill was read o.
Published by title emily, the title aloni
eonld give nOtics Of the general scope o
The act.
Thereivould be no use Of title tha
OF itself did net give this netiOe within
itself, for Il alone was read. The ex
preston Of the object was 70 give notioi
OF the oonten 9.
The words Of q title were In the ns
tuVe Of things brief. Much contFoYeFs,
has arisen as 10 whether the words o
the title we're broad enough 10 cover al
the provisions Of the act, or defiaitl
enough TO give netiee Of the contents.
No case has arisen IN the courts no
been commented upon by authors, wheFl
/ the violation Of the provision has beer
90 gross as In this case. except, u mai
be 9 case IN the State of New York, and
perhaps in another state.
The title Of this act does not attempt
to give notice OF what the act itself ooa,
tains. OF what is the object Of IL. 81 whai
Is les snbiect matter.
ID attempts 10 make g reference %
certain sections Of q certain book where
tue object may be discovered.
By reading the title nothing
Is known. bat by reading the
title aud then reading the boob
: member may Ind cut the obiesl
II this were all that was intended, then
title like this would be better: "An
act 20 provide fer certain things, which
will be found in the body thereof"
This reference would be better because
easier made. for here the references
uoaid be TO an set directly under the
reference. while By the other IL would
be mach more dif6ouls 10 ind the mat
ter referred 10. II is more important
that constitutional provisions should be
observed, than any temporary incOave-
nienee may be Suffered. which may be
reEnadied BY the next Legislature. The
act 10 then void because it has no title
expressing he ohiect. Tue act Of 1856 is
invalid fer The same reason, and hsnce
women are not electors nor qualihed
grand jurors.
Ags married iaosiea ssrizg sritA fasiy
Aas5asss AoFSsAeldsrsf A woman Who
keeps ho0se and controls IL. 90 q widow.
OF the like, may be Ahoaseholder. The
term has been defined in exemptIon
laws and jar, laws frequently, IS oniy
including the husband and not the wife,
when they live together a. Husband and
wife. No dsu6t bat that this meaning
obiained for the reason that the hna-
hand Was deemed 30 have eontrol Of the
hoase. bis wife and bis family. Il has
ever been used IN the statutes Of this
ferFitaEy and many othera. as distin-
guiseing The hasbsnd only. There has
been 20 act passed paFpaFtinR BY iis
title 10 amend the old section which had
The Uniform cnEstrcution THAI she has
hand alone IL inclnded. fins ssetion
has teen modified il has nos been done
hT any act which oy its title or otherwise
refaFred 4, the auhieef uaAf4ar az fha